The Connection between Criminal Law and Civil Law in Internet Copyright Protection

A new type of behavior of information network dissemination is added in the crime of copyright infringement in The Criminal Law Amendment (XI). However, the evaluation of the illegality of this behavior in the Copyright Law and the Criminal Law is inconsistent, leading to the phenomenon of "civil criminal inversion" in judicial practice. In order to better achieve the connection between criminal and civil law in the protection of online copyright, the moderating illegal monism should be adopted as the judgment stance for illegality evaluation. On this basis, it is specifically determined that the information network dissemination type copyright infringement crime. Firstly, in terms of dissemination form, the copyright infringement crime only includes interactive dissemination and does not include non interactive dissemination, and deep linking behavior is punishable. Secondly, in terms of dissemination scope, the crime of copyright infringement only includes direct dissemination behavior, and the indirect dissemination behavior of providing network technology services does not fall within the regulatory scope of copyright infringement crime.